Mental Capacity (Amendment) Act 2019

The Mental Capacity (Amendment) Bill entered parliament in July 2018 and gained royal assent on 16 May 2019. The act follows recommendations made by the Law Commission around mental capacity and deprivation of liberty and creates a new regime, Liberty Protection Safeguards (LPS). The LPS scheme replaces Deprivation of Liberty Safeguards (DoLS) as provided for in the Mental Capacity Act 2005. This briefing aims to help members make sense of the act and provide analysis of the most relevant provisions and their implications for NHS trusts and foundation trusts.